Sample Short Answer Questions
(no more than 4-6 sentences maximum)
1. Dana returned home last Friday to discover that Duke Power Company had cut down an oak tree in her front yard. Explain what basis, if any, would she have for recovery against Duke Power.
2. Henning, owner of Blueacre in fee simple absolute, executed and delivered a deed that conveyed Blueacre “to Esbeck for life, then to Chambers’s children for their lives, then to Key and her heirs.” Immediately following this conveyance, what is the state of title to Blueacre?
3. David and Andrea own a home on Lot 26 in Shady Acres subdivision. David and Andrea want to get a dog, but the CCRs require dogs to be kept in yards, so David and Andrea decide to build an 8-foot privacy fence around their yard. David plans to build the fence himself, and goes to Home Depot to buy the lumber and needed materials. Andrew, one of the clerks at Home Depot, assisted David in his purchase. While they were discussing David’s plans, Andrew made the following statement: “Just to be safe, put the fence at least one to two feet inside of your property boundary line, even if you’re pretty sure you know where the boundary line is.”Should David and Andrea follow or reject Andrew’s advice? Explain.
4. L leased an apartment to T for one year beginning June 1, 2006, with rent payable at $800/month. Under the lease, T also made an $800 security deposit. On May 1, 2007, T did not pay the $800 rental payment for the final month’s rent. On May 2, 2007, L demanded immediate payment from T. T responded: “Just apply the $800 security deposit against my last month’s rent, and we’ll be even.” L refused and sued to evict T from possession. What result and why?
5. Assume that at a recent press conference, Disney CEO Michael Eisner announced that during the summer months, Disney would allow only 60,000 patrons per day into Disney World and Disneyland, and that all additional would-be visitors would be turned away from the parks. Eisner defended this decision with the following statement: “While Disney realizes this may inconvenience some persons who will be turned away, the externalities problem in the parks has reached a point where this decision is necessary in terms of service and safety.” Based on what you learned in this course, explain (in plain English) what an “externality” is, and what Eisner meant by his statement.
6. Ten years ago, in May 2001, Lear and Werts signed a lease agreement with Landlord, agreeing to lease office space for their new law firm. The lease was for a twenty-year period. Lear and Werts occupied this space until January 2012, when their growing law firm outgrew the space and Lear and Werts decided to relocate to bigger offices. On February 1, 2012, Lear and Werts asked Landlord for permission (as required by the lease) to assign their leasehold estate to two new law school graduates, Harry and Hanna, who were going to start a new law firm. Landlord refused consent, saying "This is a new law firm with no track record and no existing clients, with two lawyers each of whom have substantial student loan debt." Lear and Werts then offered to sign a guarantee agreement, personally guaranteeing to make any rental payments that Harry and Hanna failed to make. Landlord still refused to grant consent. Lear and Werts then sued Landlord, arguing that Landlord's refusal was unreasonable given the offer of the guaranty agreement. Is the offer of a guarantee agreement by Lear and Werts relevant to the reasonableness of Landlord's refusal to consent to the transfer to Harry and Hanna? Explain.